Shabir Ahmad Bhat & Ors. vs Services Selection Recruitment Board & Anr.

By Hon’ble Mr. D.S. Mahra, Member (J)

In pursuance to the advertisement notification dated 1.6.2016, the applicants had applied for the post of Library Assistant. Admit card was issued and applicants qualified the computer based test. Thereafter, respondents issued provisional selection list dated 30.12.2017, whereby the applicants have been provisionally selected for the post of Library Assistant. They have been called for counseling / verification of documents , held by the Board on 30.1.2018. Thereafter, a gap of 8 months, the applicants have been dropped and posts have not been filled and are lying vacant. The respondents are not finalizing the process of selection. The applicants are seeking writ of mandamus directing the respondents to issue the selection list in favour of the applicants..

The issue for consideration before this Tribunal is :-

Whether the action of Service Selection Recruitment Board is justified in not finalizing the selection process of the applicants after issuing provisional select list, in which the applicants were selected?

Learned counsel for applicants submitted that in pursuance of notification dated 1.6.2016, applicants have applied for the post of Library Assistant. It is further submitted that applicants are eligible for the post and they have been provisionally selected and called for document verification but the respondents are not finalizing the selection of the applicants. The applicants are aggrieved because the respondents are not finalizing the selection for which the applicants have provisionally been selected.

On the other hand, learned counsel for the respondents stated that the qualification required for the aforesaid post was as under:-

The selection for the posts was made by the answering respondents Jammu and Kashmir Services Selection Board purely on the basis of merit and marks secured in the written examination held by the Board and the process of interview for the post was dispensed with by the Govt. vide Government order No. 1495-GAD of 2017 dated 24.11.2017. Having regard to the merit position obtained by the applicants, the applicants were called for Counseling –cum- Document Verification on provisional basis vide notice issued under No. SSB/Sel/Secy/2017/13880-83 dated 30.12.2017. However, during the Selection process/Counseling-cum-Documents verification, the applicants were found as not eligible for the post as the applicants were not possessing the prescribed /requisite qualification viz. Degree/ Diploma in Library Science as prescribed in the relevant recruitment rules. In view of this, the writ petition filed by the applicants is grossly misconceived, untenable and without any merit, therefore, deserved to be dismissed.

Learned counsel for applicants submitted that the applicants have applied for the post of Library Assistant and eligibility for the said post is graduate degree from any recognized university with degree/diploma in Library Science. The applicant No. 1 has been selected provisionally for District Cadre Kupwara, securing 31.25 points, applicant No. 2 has been shown under waiting list and applicant no. 3 has been shown selected under RBA Category. Applicant No. 3 has secured 32.5 points. The applicants are aggrieved of the action of the respondents that after issuing provisional select list and after documents verification, respondents are not issuing final select list. The contention of the learned counsel for the applicants is that since the applicants have already been provisionally selected, they are entitled to be selected finally after document verification.

The learned counsel for respondents clearly stated that having regard to the merit position obtained by the applicants, they were called for counseling-cum-document verification on provisional basis vide order dated 30.12.2017. However, during the selection process/ counseling-cum-document verification, the applicants were found not eligible for the post as the applicants were not possessing requisite qualification viz. Degree/ Diploma in Library Science as prescribed in the relevant recruitment rules. Hence applicants are not eligible for the posts.

Since the applicants are not possessing essential required qualification for the post of Library Assistant i.e. Degree/Diploma in Library Science, the applicants are not eligible for the said post , hence rightly excluded from the zone of consideration in final selection.

In view of the above, O.A. is dismissed. No order as to costs.